This section applies to any construction, alteration, or improvement
performed on sites where existing land use is commercial, industrial,
institutional, or multifamily residential and existing site impervious
area exceeds 40%.
A.
Stormwater management plans are required by Rock Hall for all redevelopment,
unless otherwise specified by watershed management plan developed
according to this chapter. Stormwater management measures shall be
consistent with the Design Manual.
B.
C.
Alternative stormwater management measures may be used to meet the requirements of Subsection B of this chapter if the applicant satisfactorily demonstrates to the approving authority that impervious area reduction has been maximized and ESD has been implemented to the MEP. Alternative stormwater management measures include, but are not limited to:
(1)
On-site BMPs;
(2)
Off-site BMPs to provide water quality treatment for an area equal
to or greater than 50% of the existing impervious area; or
(3)
A combination of impervious area reduction, ESD implementation, and
an on-site or off-site BMPs for an area equal to or greater than 50%
of the existing site impervious surface area within the limit of disturbance.
D.
The approving authority may develop separate policies for providing water quality treatment for redevelopment projects if the requirements of Subsections A and B of this chapter cannot be met. Any separate redevelopment policy shall be reviewed and approved by the Maryland Department of the Environment and may include but not be limited to:
(1)
A combination of ESD and an on-site or off-site BMP;
(2)
Retrofitting including existing BMP upgrades, filtering practices
and offsite ESD implementation;
(3)
Stream restoration in the same twelve-digit watershed as the proposed
development and an area restored equivalent to the area required for
treatment;
(4)
Pollution trading with another entity;
(5)
Payment of a fee to be dedicated to a water quality improvement project
in lieu; or
(6)
A partial waiver of the treatment requirements if ESD is not practicable.
E.
The determination of alternatives available may be made by the approving authority at the appropriate stage in the development review process. The approving authority shall consider the prioritization of alternatives in Subsection D of this chapter after it has been determined that it is not practicable to meet the 2009 regulatory requirements using ESD. In deciding the alternatives that may be required, the approving authority may consider factors including but not limited to the following:
(1)
Whether the project is in an area targeted for development incentives
such as a Priority Funding Area;
(2)
Whether the project is necessary to accommodate growth consistent
with the Comprehensive Plan; or
(3)
Whether bonding or other financing mechanisms have been secured based
on an approved development plan.
F.
Stormwater management shall be addressed according to the new development
requirements for any net increase in impervious areas.
